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Friday, December 10, 2010

Proposed Amendment to Right To Information Act-2005-DOPT Invited Comments

Dear Comrades,
The Government proposes to notify Right to Information Rules in supersession of the existing rules, namely, the Right to Information (Regulation of Fee and Cost) Rules, 2005 and the Central Information Commission (Appeal Procedure) Rules, 2005. Comments if any, on the proposed Rules may be sent at e-mail address, usrti-dovt@pic.in by '7 ' December, 2010. Some of the amenments are furnished here with.
5. Fees for providing information: Fee for providing information under Section 4(4), Section 7 (1) and Section 7 (5), as the case may be, shall be charged at the following rates:
(a) rupees two for each page in A-3 size or smaller size paper;
(b) actual cost or price of a copy in larger size paper;
(c ) actual cost or price for samples or models;
(d) for inspection of records, no fee for the first hour; and fee of rupees five for each subsequent hour (or fraction thereof);
(e) for information provided in diskette or floppy, rupees fifty per diskette or floppy;
(f) for information provided in printed form, at the price fixed for such publication or rupees two per page of photocopy for extracts from the publication;
(g) the actual amount spent by public authority on hiring a machine or any other equipment, if any, to supply information;
(h) Postal charges, in excess of rupees ten, if any, involved in supply of information.

Provided that no Fee shall be charged under this rule from the persons who are below poverty line as may be determined by respective State Governments
6. Payment of fee: Fee under these rules shall be paid by way of:
(a) cash, to the public authority or to the Central Assistant Public Information Officer of the public authority , as the case may be, against proper receipt; or
(b) demand draft or bankers cheque or Indian Postal Order payable to the accounts Officer of the public authority; or
(c) electronic means to the Accounts Officer of the public authority, if facility for receiving fee through electronic means is available with the public authority:
Provided that a public authority may accept fee by any other mode of payment.
12. Procedure for deciding appeals: The Commission, while deciding an appeal may,
(i) receive oral or written evidence on oath or on affidavit from concerned or interested person;
(ii) peruse or inspect documents, public records or copies thereof;
(iii) inquire through authorized officer further details or facts;
(iv) hear Central Public Information Officer, Central Assistant Public Information Officer or the First Appellate Authority, or such person against whose action the appeal is made, as the case may be;
(v) hear third party; and
(vi) receive evidence on affidavits from Central Public Information Officer, Central Assistant Public Information Officer, First Appellate Authority and such person against whom the appeal lies or the third party.
13. Amendment or withdrawal of an Appeal: The Commission may allow a prayer for any amendment or withdrawal of an Appeal during the course of hearing, if such a prayer is made by the Appellant on an application made in writing.
Provided that such request shall not be entertained by the Commission after the matter has been finally heard or a decision or order has been pronounced by the Commission.
20. Recovery of Penalty and Payment of Compensation:
(1) If a penalty is imposed by the Commission on a Central Public Information Officer as per the provisions of the Act and if the Commission requires a Public Authority to compensate a person for any loss or detriment suffered, an order duly authenticated by the Registrar shall be served on the Public Authority for recovery of penalty and payment of compensation.
(2) The Public Authority shall deduct the amount of penalty in such installments as may be allowed by the Commission in its Order and authenticated by the Registrar from the monetary payments due to such person against whom penalty has been imposed by the Commission and compensation shall be paid as per order of the Commission.
21. Recommendation for Disciplinary Action: If disciplinary action is recommended by the Commission on a Central Public Information Officer as per the provisions of the Act, an order duly authenticated by the Registrar shall be served on the Public Authority to initiate such action and the action taken on such order will be communicated to the Registrar within the time specified by the Commission in its order.

Click here to get the order copy

1 comment:

  1. It is also proposed that the total number of words in questions for information sought should not exceed 250 words. This proposed amendment shall further wean away the purpose and spirit of the legislation. Hence Please oppose.
    GVNRao,B.Sc,LLB, Secretary, Health,Education & Legal Protection Services (HELPS)


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